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APLAWS Navigation ListSmoke Free Legislation in England
||Two million people in Great Britain are still exposed to other people’s smoke at work, because their workplace has no policy on smoking. The latest research shows that 12,000 people die from smoking related illnesses each year when they themselves are lifelong non-smokers.
To protect the health of all workers, the Government will make it illegal to smoke in workplaces in England from summer 2007. Smoking will be banned in offices, factories, taxis, pubs, nightclubs – any enclosed place where someone else is working.
Which public places will the ban cover?
Any enclosed or ‘substantially enclosed’ public place will be smoke free. So for instance, people will not be able to smoke inside a pub, but will be able to smoke outside in beer gardens. However, business owners will need to be aware that any outdoor areas that are covered and have walls at least half the way around will be considered ‘substantially enclosed’ and will have to be smoke free. The ban will also cover work vehicles, such as taxis or company vans. And if you use your own car for work and you carry a passenger, the vehicle will have to be smoke free.
What exemptions will there be and why?
The legislation cannot cover domestic settings – what people do in their own home is their choice. Places that will be exempt from the smoking ban are workplaces which are also someone’s home. These include residential care homes, long-term residential mental health units and prisons. However, employees in these premises still have the right to work in a healthy environment. So in these premises, smoking will only be allowed in a designated area or in bedrooms, and only by residents or their visitors. Staff working in these premises will not be able to smoke in the buildings.
It will be quite difficult to ignore the ban, as a requirement of the new law will be that all public places display ‘no smoking’ signs. This will include vehicles. The signs will have to be of a standard size, display the standard ‘no smoking’ sign and have specific wording on them which states that it is against the law to smoke in the premises.
If members of the public smoke in a smoke free building they will be liable to a £200 fine or an enforcement officer could issue a £50 penalty notice. Any owner of a premises who allows smoking will be liable to a £2,500 fine.
Where can I find help to go smoke free?
- Businesses can call the Smoke Free England information line on 0800 169 1697 and register for an information pack.
- Use the ‘Guide to going smoke free’ and the ‘Sample smoking policy’ on this webpage.
- The National Clean Air Award is awarded to any business with a smoke free policy. If you would like to receive an award, as well as information on how to go smoke free, visit the website at http://www.cleanairaward.org.uk.
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